French employment law - Institutional moral harassment: the Court of Cassation recognizes the liability of company directors in the France Télécom case (cass. crim. January 21st, 2025, 22-87.145)

In a historic decision of January 21st,  2025 (22-87.145) published in the bulletin, rendered on the occasion of the emblematic France Télécom case (now Orange), the Criminal Division of the Court of Cassation ruled on the concept of institutional moral harassment and on the fundamental principles of predictability and legality in criminal law.

In this case, it confirmed the criminal liability of the company directors who had implemented harmful managerial policies, creating an anxiety-provoking environment and a deterioration in the working conditions of employees.

While this decision confirms that managerial responsibilities must be exercised in compliance with employees' rights, it also raises questions about the relationship between management power and criminal liability.

This decision must be approved.

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This ruling marks a significant step forward in the recognition of institutional moral harassment and is a warning to companies: the implementation of reorganizations and economic strategies, even legitimate ones, must imperatively take into account the human and psychological impacts on employees.

The Court thus underlines the criminal liability of managers, while reaffirming that human resources management, beyond financial objectives, must not sacrifice the well-being of employees.

The Court of Cassation, by confirming this position, draws a clear line on the liability of company managers.

Thus, this decision is part of a broader context of strengthening workers' rights and equality in the workplace, by affirming that the establishment of destructive working conditions cannot be excused by a simple failure in human resources management.

Finally, this decision provides essential clarification regarding the application of criminal law in cases of systematic moral harassment in the context of company management, and marks a change in the way criminal liability is understood.

This case law must be approved as an appropriate response to new forms of suffering at work.

In any case, the question remains whether the legislator will have to intervene to regulate this concept and provide a clear legal framework.

In the meantime, trial judges will have a particular responsibility in implementing this innovative case law.

To read the full brief, click on the link below

https://www.village-justice.com/articles/harcelement-moral-institutionnel-cour-cassation-reconnait-responsabilite-des,52234.html

Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)

CHHUM AVOCATS (Paris, Nantes, Lille)

e-mail: chhum@chhum-avocats.com

www.chhum-avocats.fr

https://www.instagram.com/fredericchhum/?hl=fr

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